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IN RE PRESSMAN-GUTMAN CO., INC.

Nos. 05-1012, 05-1026.

459 F.3d 383 (2006)

In re PRESSMAN-GUTMAN CO., INC. Employer/Sponsor of the Pressman-Gutman Co., Inc. Profit Sharing Plan, Petitioner in 05-1012 Pressman-Gutman Co., Employer/Sponsor of the Pressman-Gutman Co., Inc. Profit Sharing Plan, Appellant in 05-1026 v. First Union National Bank; Forefront Capital Advisors, LLC. Alvin P. Gutman; James C. Gutman Alvin P. Gutman; James C. Gutman, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Filed August 18, 2006.

Attorney(s) appearing for the Case

A. Richard Feldman (argued), E. McCord Clayton, Bazelon Less & Feldman, P.C., Philadelphia, PA, for Appellant/Petitioner Pressman-Gutman Co., Inc.

Zachary L. Grayson (argued), The Lexington Law Group, Philadelphia, PA, for Appellee/Respondent Forefront Capital Management, LLP.

Joseph G. DeRespino (argued), Derespino & Dougher, P.C., Philadelphia, PA, for Appellee/Respondent First Union National Bank.

Before RENDELL and GREENBERG, Circuit Judges, and IRENAS, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before the court on an appeal by plaintiff Pressman-Gutman Co., Inc. ("PGI") from certain orders of the district court disqualifying counsel for PGI and appointing a guardian ad litem to replace the administrators of the employee profit-sharing plan on whose behalf PGI initiated this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29...

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